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Common law refers to a legal system where court decisions establish legal principles and precedents that guide future rulings. It originated in England and has been adopted by many countries including the US. The main sources of common law include case law, customary law, legal treatises, and equity principles.

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80 views1 page

Question Answer (1) - 3

Common law refers to a legal system where court decisions establish legal principles and precedents that guide future rulings. It originated in England and has been adopted by many countries including the US. The main sources of common law include case law, customary law, legal treatises, and equity principles.

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Q3. How you will define the term's Common law'?

Discuss main sources of


common law legal system.
Common law refers to a legal system where court decisions, rather than statutes, establish legal
principles and precedents that guide future rulings. It originated in England and has been adopted by
many countries, including the United States.

The main sources of the common law legal system include:

 Case law: Court decisions, especially those from higher courts, serve as precedents for future
cases. Judges interpret statutes, regulations, and previous court decisions to resolve disputes.

 Customary law: Practices and traditions within a society can also form the basis of common law
principles. These customs are recognized and enforced by courts.

 Legal treatises and commentary: Scholarly writings by legal experts provide interpretations of
common law principles and help shape legal understanding.

 Equity: In addition to common law, equity principles developed to address situations where the
strict application of law would lead to unfairness. Equity courts emerged to provide remedies
not available under common law.

These sources collectively contribute to the evolution and application of common law principles in legal
systems around the world.

Q4. What is different between civil law and common law legal system?

Civil law and common law are two distinct legal systems with several key differences:

Civil Law Common Law


 Sources of Law  Sources of Law
 Relies more on codified laws, where  Relies heavily on case law, where judicial
statutes and codes are the primary decisions and precedents set by higher
source of law. Judges apply the law courts are binding on lower courts.
directly to the case at hand without the Judges interpret statutes and previous
same emphasis on precedent. court decisions to resolve disputes.

 Role of Precedent  Role of Precedent


 Precedent is less binding, and courts have  Precedent plays a significant role, with
more flexibility in interpreting and courts bound by decisions made in
applying laws to individual cases. While similar cases by higher courts. This
previous decisions may be considered, principle is known as stare decisis.

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